§ 309.6 Disclosure of Exempt Records by Corporation Personnel.

(a) Exempt records. The provisions of § 309.6 apply to any records which are exempt from disclosure under § 309.5(f) regardless of the fact that such records may be subject to disclosure under the Privacy Act of 1974 (5 U.S.C. 552a) or other Federal statute, any applicable regulation of the Corporation or any other Federal agency having jurisdiction thereof, or any directive or order of any court of competent jurisdiction.

(b) Disclosure prohibited. Except as provided in this §309.6 or by Part 310,10 no officer, employee, or agent of the Corporation shall disclose or permit the disclosure of any exempt records, or information contained therein, to any persons other than those officers, employees, or agents of the Corporation who have a need for such records in the performance of their official duties.

(c) Disclosure authorized. The following Corporation personnel are authorized to disclose or, where applicable, to furnish exempt records, subject to the restrictions stated below. Where, pursuant to this 309.6, exempt records can be disclosed or furnished only in response to a written request from another governmental agency or a private party, the request should be signed by an individual authorized to make the request. The Corporation may require proof of such authorization prior to granting any such request.

(1) Reports of examination and other exempt records-disclosure to bank. The Director of the Corporation's Division of Bank Supervision, or anyone designated by him in writing, may disclose or furnish to any director or authorized officer or employee of any bank, information contained in, or copies of, reports of any examination of the bank except the supervisory section of the (report of examination) and other exempt records pertaining to that bank. However, all copies of such reports of examination and other information so furnished to any bank

10 The procedures for disclosing records under the Privacy Act are separately set forth in Part 310.

shall remain the property of the Corporation and under no circumstances shall the bank or any of its directors, officers, or employees disclose or otherwise make public in any manner such reports or exempt records without express written authorization from the Director of the Corporation's Division of Bank Supervision as provided in § 309.6(c)(6).

and

(2) Reports of examination other exempt records-disclosure to other banking agencies. The Director of the Corporation's Division of Bank Supervision, or anyone designated by him in writing, may disclose to any authorized officer or employee of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, any Federal Reserve Bank, and any State agency or authority which exercises general supervision over banks, reports of any examination of a bank and other exempt records pertaining to the bank. Copies of reports of examination or any other exempt records may be furnished by the Director of the Corporation's Division of Bank Supervision, or anyone designated by him in writing, to any State agency or authority which exercises general supervision over banks, to the extent that such reports and records pertain to a State chartered bank supervised by such agency or authority. In all other instances, copies of reports of examination or other exempt records may be furnished by the Director of the Division of Bank Supervision, or anyone designated by him in writing, to a Federal or State banking agency or authority only in response to a written request from the head of the agency or authority seeking the record, or anyone whom he designates in writing as authorized to make such a request, which (i) identifies the record or records sought and (ii) gives the reasons for the request."1 In every instance in which a copy of a report of examination or other exempt record is furnished, it shall remain the property of the Corporation and under no circumstances shall the agency or authority, or any official

"The request may be a blanket request for certain categories of records where appropriate.

thereof, disclose or make public in any manner such reports or any portion thereof or other information so furnished.

(3) Reports of examination and other exempt records-disclosure to nonbanking agencies. The Director of the Corporation's Division of Bank Supervision, or anyone designated by him in writing, may furnish to the proper Federal or State prosecuting or investigatory authorities copies of exempt records pertaining to irregularities discovered in banks which are believed to constitute violations of any Federal or State civil or criminal law, or unsafe and unsound banking practices. In addition, the Director of the Corporation's Division of Bank Supervision, or anyone designated by him in writing, may disclose to any authorized officer or employee of any Federal of State agency or authority, for good cause shown, reports of any examination of a bank or other exempt records pertaining to that bank, Provided, That such disclosure only shall be made in response to a written request (signed by an authorized official of the agency making the request) which (i) identifies the record or records to which access is requested and (ii) gives the reasons for the request.

(4) Reports of examination and other exempt records-disclosure by Corporation's General Counsel. The Corporation's General Counsel may disclose to the proper Federal or State prosecuting or investigatory authorities exempt records relating to irregularities discovered in open and closed insured banks believed to constitute violations of any Federal or State statute.

(5) Reports of examination and other exempt records-disclosure to private parties. The Director of the Corporation's Division of Bank Supervision may disclose or furnish copies of reports of any examination of a bank or other exempt records pertaining to that bank to any private party where requested to do so in writing. The Director of the Corporation's Division of Bank Supervision shall furnish copies of the requested record only upon the fulfillment of such terms and conditions as he deems necessary to protect the confidential

nature of the record, the financial integrity of the bank to which the record relates, and the legitimate privacy interests of any individual named in such record.

(6) Reports of examination and other exempt records-disclosure by bank. The Director of the Corporation's Division of Bank Supervision may authorize any director, officer or employee of a bank to disclose any report of examination or other exempt record in his custody to anyone who is not a director, officer or employee of the bank, under the same conditions as provided in § 309.6(c)(5). Such authorization may be given only in response to a written request from the party seeking the record which specifies the record being sought, the party's interest therein and the party's relationship to the bank to which the record relates. As a condition precedent to giving his authoriza tion, the Director of the Corporation's Division of Bank Supervision may require that both the party seeking disclosure and the director, officer or employee having custody of the record agree to such limitations as the Director of the Corporation's Division of Bank Supervision deems necessary to protect the confidential nature of the record and to prevent unauthorized use thereof or disclosure of any information therein.

(7) Production of exempt records and testimony of Corporation personnel. The Corporation's General Counsel, or anyone designated by him in writing, may produce or authorize the production of any exempt record in response to a valid subpoena, court order, or other legal process and may direct any officer, employee, or agent of the Corporation to appear and testify regarding any exempt record at any administrative or judicial hearing or proceeding where such person has been served with a valid subpoena, court order, or other legal process requiring him to so testify, Provided, That such testimony shall relate solely to matters of which such individual had knowledge by virtue of his or her employment by the Corporation. The General Counsel, or anyone designated by him in writing, may produce or authorize the production of any exempt record

sought in connection with any hearing or proceeding without the service of a subpoena, or other process requiring production, if he determines that the records to be produced are relevant to the hearing or proceeding and that production is in the best interests of justice. Where the General Counsel authorizes the production of any exempt record, or the testimony of any officer, employee or agent of the Corporation relative thereto, pursuant to this 309.6(c)(7), he shall limit his authorization to so much of the record or testimony as is relevant to the issues at the hearing or proceeding, and he shall give his authorization only upon fulfillment of such conditions as he deems necessary to protect the confidential nature of the record consistent with any requirement that it be produced and made a part of the record of the hearing or proceeding.

(8) Authority of the Chairman of the Corporation's Board of Directors. Except where expressly prohibited by law, the Chairman of the Corporation's Board of Directors may authorize the disclosure of any information or the furnishing of copies of any records and, except where disclosure is required by law, he may direct any officer, employee or agent of the Corporation to refuse to disclose any record if it is determined that refusal to permit such disclosure is in the best interests of the Corporation and is not contrary to the public interest.

(9) Limitations on disclosure. Any disclosure permitted by this § 309.6(c) is discretionary and nothing in this § 309.6(c) shall be construed as requiring the disclosure of information. Further, nothing in this § 309.6(c) shall be construed as restricting, in any manner, the authority of the Board of Directors, the Chairman of the Board of Directors, the Director of the Corporation's Division of Bank Supervision or anyone designated by him in writing, or the General Counsel or anyone designated by him in writing, in their discretion and in light of the facts and circumstances attendant in any given case, to impose conditions upon and to limit the form, manner, and extent of the disclosures permitted hereunder.

§ 309.7 Service of Process.

(a) Service. Any subpoena or other legal process shall be duly issued and served upon either the Executive Secretary, Federal Deposit Insurance Corporation, 550 17th Street, N.W. Washington, D.C. 20429 or the Regional Director of the FDIC region where the legal action from which the subpoena or process was issued, is pending.

(b) Advice by person served. If any officer, director, or agent of the Corporation is served with a subpoena, court order, or other process requiring that person's personal attendance as a witness or the production of any exempt record of the Corporation, such person shall promptly advise the Office of the Corporation's General Counsel of such service, of the testimony and records described in the subpoena, and of all relevant facts which may be of assistance to the General Counsel in determining whether the individual in question should be authorized to testify or the records should be produced. Such person should also inform the court or tribunal which issued the process and the attorney for the party upon whose application the process was issued, if known, of the substance of this section. If any person who is not an officer, employee, or agent of the Corporation and who has custody of exempt records belonging to the Corporation is served with a subpoena, court order, or other legal process directing that person to produce such records or to testify with respect thereto, such person should give the same notice to the General Counsel and to the court or tribunal.

(c) Appearance by person served. Absent the authorization of the Corporation's General Counsel (or anyone designated by him in writing) to disclose the requested information, any officer, employee, or agent of the Corporation (and any person having custody of exempt records of the Corporation who is not an officer, employee, or agent of the Corporation), who is required to respond to a subpoena, court order, or other legal process, shall attend at the time and place therein specified and respectfully decline to produce any such record or

give any testimony with respect thereto, basing such refusal on this section.

PART 310-SAFEGUARDING PERSONAL INFORMATION IN FEDERAL DEPOSIT INSURANCE CORPORATION RECORDS

Sec.

310.1 Purpose and scope. 310.2 Definitions.

310.3 Procedures for requests pertaining to individual records in a system of records. 310.4 Times, places, and requirements for identification of individuals making requests.

310.5 Disclosure of requested information to individuals.

310.6 Special procedures: Medical records. 310.7 Request for amendment of record. 310.8 Agency review of request for amendment of record.

310.9 Appeal of adverse initial agency determination on access or amendment. 310.10 Disclosure of record to person other than the individual to whom it pertains. 310.11 Fees. 310.12 Penalties.

310.13 Exemptions.

AUTHORITY: 5 U.S.C. 552a.

SOURCE: 40 FR 46274, Oct. 6, 1975, unless otherwise noted.

§ 310.1 Purpose and scope.

This regulation sets forth the basic policies of the Corporation regarding the protection of the privacy of individuals on whom the Corporation maintains information which is retrieved by reference to an individual's name or an identifying particular assigned to the individual.

§ 310.2 Definitions.

For purposes of this Part:

(a) The term "Corporation" means the Federal Deposit Insurance Corporation;

(b) The term "individual" means a natural person who is either a citizen of the United States or an alien lawfully admitted for permanent residence;

(c) The term "maintain" includes maintain, collect, use, disseminate, or control;

(d) The term "record" means any item, collection or grouping of information about an individual that contains his/her name, or the identifying

number, symbol, or other identifying particular assigned to the individual;

(e) The term "system of records" means a group of any records under the control of the Corporation from which information is retrieved by the name of the individual or some identifying number, symbol or other identifying particular assigned to the individual;

(f) The term "designated system of records" means a system of records which has been listed and summarized in the FEDERAL REGISTER pursuant to the requirements of 5 U.S.C. 552a(e);

(g) The term "routine use" means, with respect to disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was created;

(h) The terms "amend" or "amendment" mean any correction, addition to or deletion from a record; and

(i) The term "system manager" means the agency official responsible for a designated system of records, as denominated in the FEDERAL REGISTER publication of "Systems of Records Maintained by the Federal Deposit Insurance Corporation."

[40 FR 46274, Oct. 6, 1975, as amended at 42 FR 6796, Feb. 4, 1977]

§ 310.3 Procedures for requests pertaining to individual records in a system of records.

(a) Any present or former employee of the Corporation seeking access to his/her official Civil Service records maintained by the Corporation shall submit his/her request in such manner as is prescribed by the Civil Service Commission in Part 297 of its rules and regulations (5 CFR 297).

(b) Requests by individuals for access to records pertaining to them and maintained within one of the Corporation's designated systems of records should be submitted in writing to the Office of the Executive Secretary, Records Unit, Federal Deposit Insurance Corporation, Washington, D.C. 20429. Each such request should contain a reasonable description of the records sought, the system or systems in which such record may be contained, and any additional identifying information, as specified in the Corporation's FEDERAL REGISTER "Notice of

Systems of Records" for that particular system, copies of which are available upon request from the Records Unit, Office of the Executive Secretary.

[40 FR 46274, Oct. 6, 1975, as amended at 42 FR 6796, Feb. 4, 1977]

§ 310.4 Times, places, and requirements for identification of individuals making requests.

(a) Individuals may request access to records pertaining to themselves by submitting a written request as provided in § 310.3 of these regulations, or by appearing in person on weekdays, other than official holidays, at the Office of the Executive Secretary, Records Unit, Federal Deposit Insurance Corporation, 550 17th Street, N.W., Washington, D.C. 20429, between the hours of 8:30 a.m. and 5 p.m.

(b) Individuals appearing in person at the Corporation seeking access to or amendment of their records shall present two forms of reasonable identification, such as employment identification cards, driver's licenses, or credit cards.

(c) Except for records that must be publicly disclosed pursuant to the Freedom of Information Act, 5 U.S.C. 552, where the Corporation determines it to be necessary for the individual's protection, a certification of a duly commissioned notary public, of any state or territory, attesting to the requesting individual's identity may be required before a written request seeking access to or amendment of a record will be honored.

[40 FR 46274, Oct. 6, 1975, as amended at 42 FR 6796, Feb. 4, 1977]

§ 310.5 Disclosure of requested information to individuals.

(a) Except to the extent that Corporation records pertaining to an individual

(1) Are exempt from disclosure under §§ 310.6 and 310.13 of this Part,

or

(2) Were compiled in reasonable anticipation of a civil action or proceeding, the Corporation will make such records available upon request for purposes of inspection and copying by the

individual (after proper identity verification as provided in §310.4) and, upon the individual's request and written authorization, by another person of the individual's own choosing.

(b) The Executive Secretary will notify, in writing, the individual making a request, whenever practicable within ten business days following receipt of the request, whether any specified designated system of records maintained by the Corporation contains a record pertaining to the individual. Where such a record does exist, the Executive Secretary also will inform the individual of the system manager's decision whether to grant or deny the request for access. In the event existing records are determined not to be disclosable, the notification will inform the individual of the reasons for which disclosure will not be made and will provide a description of the individual's right to appeal the denial, as more fully set forth in § 310.9. Where access is to be granted, the notification will specify the procedures for verifying the individual's identity, as set forth in § 310.4.

(c) Individuals will be granted access to records disclosable under this Part 310 as soon as is practicable. The Executive Secretary will give written notification of a reasonable period within which individuals may inspect disclosable records pertaining to themselves at the Office of the Executive Secretary during normal business hours. Alternatively, individuals granted access to records under this Part may request that copies of such records be forwarded to them. Fees for copying such records will be assessed as provided in § 310.11.

[40 FR 46274, Oct. 6, 1975, as amended at 42 FR 6796, Feb. 4, 1977]

§ 310.6 Special procedures: Medical records.

Medical records shall be disclosed on request to the individuals to whom they pertain, except, if in the judgment of the Corporation, the transmission of the medical information directly to the requesting individual could have an adverse effect upon such individual. In the event medical information is withheld from a requesting individual due to any possible